I 

115TH CONGRESS 

1ST SESSION H. R. 597 

To take lands in Sonoma County, California, into trust as part of the 

reservation of the Lytton Rancheria of California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2017 

Mr. DENHAM introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To take lands in Sonoma County, California, into trust as 

part of the reservation of the Lytton Rancheria of California, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lytton Rancheria 

5 Homelands Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Lytton Rancheria of California is a fed9 erally recognized Indian tribe that lost its homeland 

10 after it was unjustly and unlawfully terminated in 


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1 1958. The Tribe was restored to Federal recognition 

2 in 1991, but the conditions of its restoration have 

3 prevented it from regaining a homeland on its origi4 nal lands. 

5 (2) Congress needs to take action to reverse 

6 historic injustices that befell the Tribe and have pre7 vented it from regaining a viable homeland for its 

8 people. 

9 (3) Prior to European contact there were as 

10 many as 350,000 Indians living in what is now the 

11 State of California. By the turn of the 19th century, 

12 that number had been reduced to approximately 

13 15,000 individuals, many of them homeless and liv14 ing in scattered bands and communities. 

15 (4) The Lytton Rancheria’s original homeland 

16 was purchased by the United States in 1926 pursu17 ant to congressional authority designed to remedy 

18 the unique tragedy that befell the Indians of Cali19 fornia and provide them with reservations called 

20 Rancherias to be held in trust by the United States. 

21 (5) After the Lytton Rancheria lands were pur22 chased by the United States, the Tribe settled on 

23 the land and sustained itself for several decades by 

24 farming and ranching. 


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1 (6) By the mid-1950s, Federal Indian policy 

2 had shifted back towards a policy of terminating In3 dian tribes. In 1958, Congress enacted the 

4 Rancheria Act of 1958 (72 Stat. 619), which slated 

5 41 Rancherias in California, including the Lytton 

6 Rancheria, for termination after certain conditions 

7 were met. 

8 (7) On August 1, 1961, the Lytton Rancheria 

9 was terminated by the Federal Government. This 

10 termination was illegal because the conditions for 

11 termination under the Rancheria Act had never been 

12 met. After termination was implemented, the Tribe 

13 lost its lands and was left without any means of sup14 porting itself. 

15 (8) In 1987, the Tribe joined three other tribes 

16 in a lawsuit against the United States challenging 

17 the illegal termination of their Rancherias. A Stipu18 lated Judgment in the case, Scotts Valley Band of 

19 Pomo Indians of the Sugar Bowl Rancheria v. 

20 United States, No. C–86–3660 (N.D.Cal. March 22, 

21 1991), restored the Lytton Rancheria to its status 

22 as a federally recognized Indian tribe. 

23 (9) The Stipulated Judgment agreed that the 

24 Lytton Rancheria would have the ‘‘individual and 

25 collective status and rights’’ which it had prior to its 


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1 termination and expressly contemplated the acquisi2 tion of trust lands for the Lytton Rancheria. 

3 (10) The Stipulated Judgment contains provi4 sions, included at the request of the local county 

5 governments and neighboring landowners, that pro6 hibit the Lytton Rancheria from exercising its full 

7 Federal rights on its original homeland in the Alex8 ander Valley. 

9 (11) In 2000, approximately 9.5 acres of land 

10 in San Pablo, California, was placed in trust status 

11 for the Lytton Rancheria for economic development 

12 purposes. 

13 (12) The Tribe has since acquired, from willing 

14 sellers at fair market value, property in Sonoma 

15 County near the Tribe’s historic Rancheria. This 

16 property, which the Tribe holds in fee status, is suit17 able for a new homeland for the Tribe. 

18 (13) On a portion of the land to be taken into 

19 trust, which portion totals approximately 124.12 

20 acres, the Tribe plans to build housing for its mem21 bers and governmental and community facilities. 

22 (14) A portion of the land to be taken into 

23 trust is being used for viniculture, and the Tribe in24 tends to develop more of the lands to be taken into 

25 trust for viniculture. The Tribe’s investment in the 


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1 ongoing viniculture operation has reinvigorated the 

2 vineyards, which are producing high-quality wines. 

3 The Tribe is operating its vineyards on a sustainable 

4 basis and is working toward certification of sustain5 ability. 

6 (15) No gaming shall be conducted on the lands 

7 to be taken into trust by this Act. 

8 (16) No gaming shall be conducted on any 

9 lands taken into trust on behalf of the Tribe in 

10 Sonoma County after the date of the enactment of 

11 this Act north of a line that runs in a cardinal east 

12 and west direction from the point where Highway 

13 Route 12 crosses Highway 101 as they are phys14 ically on the ground and used for transportation on 

15 January 1, 2016, and extending to the furthest ex16 tent of Sonoma County. 

17 (17) Any agreement, now or in the future, re18 garding gaming restrictions between Sonoma County 

19 and the Tribe will be effective without further review 

20 by the Bureau of Indian Affairs. 

21 (18) By directing that these lands be taken into 

22 trust, the United States will ensure that the Lytton 

23 Rancheria will finally have a permanently protected 

24 homeland on which they can once again live 

25 communally and plan for future generations. This 


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1 action is necessary to fully restore the Tribe to the 

2 status it had before it was wrongfully terminated in 

3 1961. 

4 (19) The Tribe and County of Sonoma have en5 tered into a Memorandum of Agreement in which 

6 the County agrees to the lands in the County being 

7 taken into trust for the benefit of the Tribe in con8 sideration for commitments made by the Tribe. 

9 SEC. 3. DEFINITIONS. 

10 For the purpose of this Act, the following definitions 

11 apply: 

12 (1) COUNTY.—The term ‘‘County’’ means 

13 Sonoma County, California. 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (3) TRIBE.—The term ‘‘Tribe’’ means the 

17 Lytton Rancheria of California. 

18 SEC. 4. LANDS TO BE TAKEN INTO TRUST. 

19 (a) IN GENERAL.—The land owned by the Tribe and 

20 generally depicted on the map titled ‘‘Lytton Fee Owned 

21 Property to be Taken into Trust’’ and dated May 1, 2015, 

22 is hereby taken into trust for the benefit of the Tribe, sub23 ject to valid existing rights, contracts, and management 

24 agreements related to easements and rights-of-way. 


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1 (b) LANDS TO BE MADE PART OF THE RESERVA2 TION.—Lands taken into trust under subsection (a) shall 

3 be part of the Tribe’s reservation and shall be adminis4 tered in accordance with the laws and regulations gen5 erally applicable to property held in trust by the United 

6 States for an Indian tribe. 

7 SEC. 5. GAMING. 

8 (a) LANDS TAKEN INTO TRUST UNDER THIS ACT.— 

9 Lands taken into trust for the benefit of the Tribe under 

10 section 4 shall not be eligible for gaming under the Indian 

11 Gaming Regulatory Act (25 U.S.C. 2701 et seq.). 

12 (b) OTHER LANDS TAKEN INTO TRUST.— 

13 (1) TIME-LIMITED PROHIBITION.—Lands taken 

14 into trust for the benefit of the Tribe in Sonoma 

15 County after the date of the enactment of this Act 

16 shall not be eligible for gaming under the Indian 

17 Gaming Regulatory Act (25 U.S.C. 2710 et seq.) 

18 until after March 15, 2037. 

19 (2) PERMANENT PROHIBITION.—Notwith20 standing paragraph (1), lands located north of a line 

21 that runs in a cardinal east and west direction and 

22 is defined by California State Highway Route 12 as 

23 it crosses through Sonoma County at Highway 101 

24 as they are physically on the ground and used for 

25 transportation on January 1, 2016, and extending to 


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1 the furthest extent of Sonoma County shall not be 

2 eligible for gaming under the Indian Gaming Regu3 latory Act (25 U.S.C. 2710 et seq.). 

4 SEC. 6. APPLICABILITY OF CERTAIN LAW. 

5 Notwithstanding any other provision of law, the 

6 Memorandum of Agreement entered into by the Tribe and 

7 the County concerning taking land in the County into 

8 trust for the benefit of the Tribe, which was approved by 

9 the County Board of Supervisors on March 10, 2015, and 

10 any addenda and supplement thereto, is not subject to re11 view or approval of the Secretary in order to be effective, 

12 including review or approval under section 2103 of the Re13 vised Statutes (25 U.S.C. 81). 

Æ 


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